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7i'.I/gad^.q07 12,:35 7142458094 RAPD FISCAL PACE 01115
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<br />Fila, CIC -67
<br />Should Licensee breach, or fall to keep, observe or perform any agreement,
<br />coy or,7,W, terra or condition on Its pari herein contained, then, in addition to any other
<br />available rights and remedies, 00TA at its option may,
<br />(a) perform any necessary or appropriate c©rreotive work at Licensee's expense,
<br />Wiloll L.Icense a agrees to pray to OCTA uioon demand, or
<br />(b) with or without wMan nodoe or demand, immediately terminate this
<br />6 gr aenlerrt and at any time thereafter, recover possession of the License Property or any
<br />part thereraf, and expel and remove therefiom Licensee or any other person occupying the
<br />Ucense Properby, by any lawful means, and ogaln repossess and enjoy the License
<br />Property. and the Farifflyj without prejudice to any of the remedies that OCTA may have
<br />urrd, rr 1his Agreement, at law or in equity by reason of Licensee's default or of such
<br />5hlr,NTe Or. Llpdn terrnlrtation of this Agreement, unless otherv4se requested in
<br />king
<br />by OCTA prior to the date of tbrmination, Licensee, at its own cost and expense,
<br />:rhM 1¢' mneldiafn&y remove the rooility and restore the OCTA Property as nearly as possible
<br />to t'he slime state end condition as existed prior to the construction, reconstruction or
<br />i r:+P rRafd Facility, Should Licensee fall to comply with the requirements of the
<br />j 'e, 'ritanc;a, OCTA may at its option (a) perfarrn the same at Licensee's axpeneo,
<br />which coasts Licemsiva agrees to pay to 00TA on demand, or (b) assume title end ownership
<br />ori imid f=acility. No (ermin0on hereof shall release Licensee from any liability or obligation
<br />l'ngounder, whsalhesr of indemnity or otherwise, resulting from any arta, Omissions or events
<br />R?r;,lacr,n'ng prior to the date the. Fsolfity Is removed and the OCTA Property is restored,
<br />rj g+
<br />1I4, jQd iiv�;r!e l ij. Woensee, on Whelf cf itzelf and its SUCCesaOrs and assiegns, agrses
<br />inrla"Inlf , Mend and hold harmless OCTA,
<br />Southern Cralffomic Regional Rail Authority, :arid their oftice'rs, directors, commissioners,
<br />e1piloyees, agents, contr,artora, s, r=oasors and assigns (individually and oolleotively,
<br />:1 R ni l +'IiQi��a") to the rneArrium ementaliewed by law, from and against all loss, liability,
<br />ulalrns, de�roands, suits, liena, claims of lia;n, damapas (includlrig Consequential damages),
<br />roots evict expenses (Including, wlthau't fin11100n, any fines, penalties, judgments, litigation
<br />s+'s�rat*!�r7l asp
<br />aid rn°gerts' and adomeys' fee,) (olectively "Glatms and gn ") that are
<br />`5y or esserted agmina# •indemnitees arising out of or connected in any manner with
<br />„ar�14�icrnss to aU (if the Licensee, or it's officers, directors, affiliates, Licensee's
<br />:! oi, eWiyone directly or lndireokly .wriployed by ar for whose arts Licensee IS liable
<br />(Collectively, "�Ltggprlrlg,,') in connection with the OCTA Property or, arising rom the
<br />OleeAgnce upon or I;terforrnOrIM of activities by Licensee or its Pprsonrid with respect to the
<br />inoluding those Cla,lms and Expenses (a) for bodily Injury or death of oily
<br />1c(uding erriployees.cf Indernnitfs). or CIRmage to or loss of use of property or
<br />(b) in rclhnei,,A,ion with this r on-penbrmanCe or broach by Licensee or its Personnel of any
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